Court upholds Ex-Im Bank support to Air India

Wednesday, June 19, 2013

The U.S. Court of Appeals in Washington, D.C. on Tuesday rejected a request by Delta Air Lines to vacate the U.S. Export-Import Bank’s support of sales of U.S.-manufactured aircraft to Air India.
The court has asked Ex-Im Bank to further explain its financing decision for the Air India transactions, but it chose to leave undisturbed the bank’s financing of the Air India transaction and did not question the bank’s flexibility in carrying out its statutory mandate.
The decision comes following the appeal by plaintiffs Delta and the Airline Pilots Association of a lower court decision in July 2012 that determined Ex-Im Bank properly approved financing for purchases of certain Boeing aircraft by Air India.
“I am gratified by the court’s recognition that these transactions should not be impeded by litigation. The Bank maintains significant flexibility in complying with its statutory mandates and its effort to support American jobs,” said Fred P. Hochberg, chairman and president of Ex-Im Bank, in a statement. “This represents a victory for tens of thousands of American aerospace workers.”
Delta Airlines alleged in its suit that Ex-Im Bank failed to consider the economic impact of its loan guarantees for the purchase of widebody Boeing aircraft by Air India. Boeing, which by dollar volume is the No. 1 U.S. exporter, employs about 85,000 American workers in the manufacturing of its commercial planes.